APPENDIX B
BOARD OF APPEALS
The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance.
SECTION B101
GENERAL
B101.1 Application. The application for appeal shall be filed
on a form obtained from the building official within 20 days
after the notice was served.
B101.2 Membership of board. The board of appeals shall
consist of persons appointed by the chief appointing author-
ity as follows:
1. One for five years; one for four years; one for three years;
one for two years; and one for one year.
2. Thereafter, each new member shall serve for five years or
until a successor has been appointed.
The building official shall be an ex officio member of said
board but shall have no vote on any matter before the board.
B101.2.1 Alternate members. The chief appointing au-
thority shall appoint two alternate members who shall be
called by the board chairperson to hear appeals during the
absence or disqualification of a member. Alternate members
shall possess the qualifications required for board member-
ship and shall be appointed for five years, or until a succes-
sor has been appointed.
B101.2.2 Qualifications. The board of appeals shall consist
of five individuals, one from each of the following profes-
sions or disciplines:
1. Registered design professional with architectural ex-
perience or a builder or superintendent of building
construction with at least ten yearsexperience, five of
which shall have been in responsible charge of work.
2. Registered design professional with structural engi-
neering experience
3. Registered design professional with mechanical and
plumbing engineering experience or a mechanical
contractor with at least ten years experience, five of
which shall have been in responsible charge of work.
4. Registered design professional with electrical engi-
neering experience or an electrical contractor with at
least ten years experience, five of which shall have
been in responsible charge of work.
5. Registered design professional with fire protection
engineering experience or a fire protection contractor
with at least ten years experience, five of which shall
have been in responsible charge of work.
B101.2.3 Rules and procedures. The board is authorized to
establish policies and procedures necessary to carry out its
duties.
2003 INTERNATIONAL BUILDING CODE
B101.2.4 Chairperson. The board shall annually select one
of its members to serve as chairperson.
B101.2.5 Disqualification of member. A member shall not
hear an appeal in which that member has a personal, profes-
sional or financial interest.
B101.2.6 Secretary. The chief administrative officer shall
designate a qualified clerk to serve as secretary to the board.
The secretary shall file a detailed record of all proceedings
in the office of the chief administrative officer.
B101.2.7 Compensation of members. Compensation of
members shall be determined by law.
B101.3 Notice of meeting. The board shall meet upon notice
from the chairperson, within 10 days of the filing of an ap-
peal or at stated periodic meetings.
B101.3.1 Open hearing. All hearings before the board
shall be open to the public. The appellant, the appellants
representative, the building official and any person whose
interests are affected shall be given an opportunity to be
heard.
B101.3.2 Procedure. The board shall adopt and make avail-
able to the public through the secretary procedures under
which a hearing will be conducted. The procedures shall not
require compliance with strict rules of evidence, but shall
mandate that only relevant information be received.
B101.3.3 Postponed hearing. When five members are not
present to hear an appeal, either the appellant or the appel-
lants representative shall have the right to request a post-
ponement of the hearing.
B101.4 Board decision. The board shall modify or reverse
the decision of the building official by a concurring vote of
two-thirds of its members.
B101.4.1 Resolution. The decision of the board shall be by
resolution. Certified copies shall be furnished to the appel-
lant and to the building official.
B101.4.2 Administration. The building official shall take
immediate action in accordance with the decision of the
board.
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